# Board of Supervisors Minutes: April 3, 2018 - Meeting date: 2018-04-03 - Document type: minutes - Pages in official PDF: 41 - [Canonical HTML transcript](https://sfbos.info/documents/500/2018-04-03-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=600336&GUID=BC1A568F-DCDA-43F9-A32D-F09525AE46B2) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 180182: Preparation of Findings to Reverse the Categorical Exemption Determination - 590 Leland Avenue - Pages: 17-18 - Vote 1: continuance - Action: 180182 [Preparation of Findings to Reverse the Categorical Exemption Determination - 590 Leland Avenue] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 590 Leland Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 10, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180226: Hearing - Committee of the Whole - Joint Meeting with the San Francisco Ethics Commission - Proposed Ordinances (File Nos. 180001 and 180280) - Anti-Corruption and Accountability Ordinances - April 3, 2018 - Pages: 18-21 - Vote 1: amendment - Action: at 6:02 p.m. Mark Solomon; Paul Melbostadt; Anita Rott; Kathie Lowry; Shawn Kaufie; Charlie Marsteller; Larry Bush; Tom Gilberty; Debbie Lehrman; Otto Duffy; Peter Cohen; spoke in support of amendments and the proposed legislation. City and County of San Francisco Page 205 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 ETHICS COMMISSION DELIBERATIONS Commissioner Kopp moved that the Ordinance be AMENDED in Section 3.203 by adding a definition for ‘Public Appeal’; in Section 3.207 by adding a new Subsection 3.207(a)(4) that prohibits City elective officers or members of a board or commission to solicit a person to give anything of value to a third party under certain circumstances; and restoring Article III, Chapter 6, to its current, existing language. The motion died due to lack of a second. Commissioner Lee, seconded by Commissioner Renne, moved that the Ordinance be AMENDED in Section 3.203 by striking the definition for ‘Associated’ and adding a definition for ‘Use of Public Position or Office’; and in Section 3.207(a)(1) by adding ‘or’ and striking ‘or for an organization with which he or she is associated’. The motion FAILED by the following vote: - Ayes: Lee, Renne - Noes: Chiu, Kopp - Vote 2: amendment - Action: Commissioner Chiu, seconded by Commissioner Renne, moved that the Ordinance be AMENDED by adding a new Section 4(b) stating ‘(b) Operative Dates. (1) This ordinance’s amendments to Sections 1.104, 1.163.5, 168, 1.170, and 3.203 of the Campaign and Governmental Conduct Code, and additions of Sections 3.207 and 3.231 of the Campaign and Governmental Conduct Code, shall become operative on the effective date of this ordinance. (2) This ordinance’s amendments to Sections 1.114, 1.126, 1.135, 1.161, 1.162, 3.600, 3.610, 3.620 of the Campaign and Governmental Conduct Code, and additions of Sections 1.114.5, 1.124, 1.125, 1.158, 3.209, 3.630, 3.640, 3.650 of the Campaign and Governmental Conduct Code, shall become operative on January 1, 2019.’ The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 3: amendment - Action: Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED by deleting the entire Section 1.158 regarding ‘Major Donors - Financial Disclosures.’ The motion FAILED by the following vote: - Ayes: Chiu, Lee - Noes: Kopp, Renne - Vote 4: amendment - Action: Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 1.114.5(b)(1) adding ‘at the behest of a City elective officer’ after ‘single calendar year’, and striking ‘at the behest of a City elective officer’ after ‘independent expenditures’. The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 5: amendment - Action: Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 6: approval, likely final - Action: Commissioner Kopp moved to rescind the previous vote that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion died due to lack of a second. Commissioner Lee, seconded by Commissioner Chiu, moved that the Ordinance be APPROVED AS AMENDED. The motion FAILED by the following, which required a 4/5 vote: - Ayes: Chiu, Lee, Renne - Noes: Kopp - Vote 7: approval, likely final - Action: City and County of San Francisco Page 206 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 Commissioner Chiu, seconded by Commissioner Renne, moved to rescind the previous vote that the Ordinance be APPROVED AS AMENDED. The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 8: rescission - Action: President Breed recessed the meeting at 8:12 p.m. and reconvened at 8:23 p.m. Commissioner Chiu, seconded by Commissioner Lee, moved to rescind the earlier vote that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 9: amendment - Action: Commissioner Kopp, seconded by Commissioner Lee, moved that the question to amend the Ordinance be DIVIDED to consider separately the amendments in Sections 3.203 and 3.207(a)(3). The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 10: amendment - Action: Commissioner Chiu moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’. The motion died due to lack of a second. Commissioner Chiu, seconded by Commissioner Kopp, moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’. The motion carried by the following vote: - Ayes: Chiu, Lee, Renne - Noes: Kopp - Vote 11: amendment - Action: Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 12: approval, likely final - Action: Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be APPROVED AS AMENDED. The motion carried by the following vote: - Ayes: Chiu, Lee, Kopp, Renne - Vote 13: continuance - Action: The Ethics Commission forwarded the Ordinance, as amended, to the Board of Supervisors for consideration. During deliberations, the Board of Supervisors accepted all amendments forwarded by the Ethics Commission and incorporated them into File No. 180280. Additional amendments were also accepted by the Board of Supervisors, which they re-referred back to the Ethics Commission for consideration. Commissioner Chiu, seconded by Commissioner Kopp, moved that the Ordinance be CONTINUED TO THE CALL OF THE CHAIR AS AMENDED. The motion carried by the following vote: - Ayes: Chiu, Kopp, Renne - Noes: Lee ### File 180001: Campaign and Governmental Conduct Code - Campaign Finance and Conflict of Interest - Pages: 21-22 - Vote 1: tabling - Action: gn contributions; 6) extend the prohibition on campaign contributions to candidates for City elective offices and City elective officers who must approve certain City contracts; 7) require committees to file a third pre-election statement prior to an election; 8) remove the prohibition against distribution of campaign advertisements containing false endorsements; 9) allow members of the public to receive a portion of penalties collected in certain enforcement actions; 10) permit the Ethics Commission to recommend contract debarment as a penalty for campaign finance violations; 11) create new conflict of interest and political activity rules for elected officials and members of boards and commissions; 12) specify recusal procedures for members of boards and commissions; and 13) establish local behested payment reporting requirements for donors and City officers. (Ethics Commission) (Pursuant to Campaign and Governmental Conduct Code, Section 3.204, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ## Extracted text ### [Page 18](https://sfbos.info/documents/500/2018-04-03-minutes#page-18) Board of Supervisors Meeting Minutes 4/3/2018 SPECIAL ORDER 3:00 P.M. - JOINT MEETING WITH THE ETHICS COMMISSION President Breed and Chair Chiu called the Joint Meeting between the Board of Supervisors and the Ethics Commission to order at 4:41 p.m., prior to General Public Comment being taken. On the call of the roll for the Board, all members were noted present; there was a quorum of the Board of Supervisors. On the call of the roll for the Commission, all Commissioners were noted present; there was a quorum of the Ethics Commission. BOARD OF SUPERVISORS Present: Supervisors Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ETHICS COMMISSION Present: Commissioners Chiu, Kopp, Lee, Renne Board of Supervisors Sitting as a Committee of the Whole President Breed requested File Nos. 180226, 180001, and 180280 be called together. 180226 [Hearing - Committee of the Whole - Joint Meeting with the San Francisco Ethics Commission - Proposed Ordinances (File Nos. 180001 and 180280) - Anti-Corruption and Accountability Ordinances - April 3, 2018] Hearing of the Board of Supervisors sitting as a Committee of the Whole on April 3, 2018, at 3:00 p.m., in a joint meeting with the San Francisco Ethics Commission, to hold a public hearing to consider the proposed Ordinances (File Nos. 180001 and 180280) - the Anti-Corruption and Accountability Ordinances - amending the Campaign and Governmental Conduct Code to institute various campaign finance and conflict of interest reforms; scheduled pursuant to Motion No. M18-029, approved by the Board on March 6, 2018, and approval of the Motion contained in File No. 180276 on April 3, 2018. (Clerk of the Board) President Breed opened the Joint Public Hearing with the Ethics Commission at 5:28 p.m., related to consideration of the Ordinances (File Nos. 180001 and 180280) amending the Campaign and Governmental Conduct Code. President Breed requested Angela Calvillo, Clerk of the Board, provide an overview of the structure for the Joint Public Hearing (contained in File No. 180226). President Breed requested the Board’s consent on the structure of the proceedings for the Joint Public Hearing; without objection the Board approved. Chair Chiu requested the Commission’s consent on the structure of the proceedings for the Joint Public Hearing; without objection the Commission approved. Andrew Shen (Office of the City Attorney); LeeAnn Pelham, Executive Director, Patrick Ford, and Kyle Kundert (Ethics Commission); presented information and answered questions raised throughout the discussions. President Breed recessed the meeting at 5:51 p.m. and reconvened at 6:02 p.m. Mark Solomon; Paul Melbostadt; Anita Rott; Kathie Lowry; Shawn Kaufie; Charlie Marsteller; Larry Bush; Tom Gilberty; Debbie Lehrman; Otto Duffy; Peter Cohen; spoke in support of amendments and the proposed legislation. City and County of San Francisco Page 205 Printed at 1:04 pm on 5/3/18 ### [Page 19](https://sfbos.info/documents/500/2018-04-03-minutes#page-19) Board of Supervisors Meeting Minutes 4/3/2018 ETHICS COMMISSION DELIBERATIONS Commissioner Kopp moved that the Ordinance be AMENDED in Section 3.203 by adding a definition for ‘Public Appeal’; in Section 3.207 by adding a new Subsection 3.207(a)(4) that prohibits City elective officers or members of a board or commission to solicit a person to give anything of value to a third party under certain circumstances; and restoring Article III, Chapter 6, to its current, existing language. The motion died due to lack of a second. Commissioner Lee, seconded by Commissioner Renne, moved that the Ordinance be AMENDED in Section 3.203 by striking the definition for ‘Associated’ and adding a definition for ‘Use of Public Position or Office’; and in Section 3.207(a)(1) by adding ‘or’ and striking ‘or for an organization with which he or she is associated’. The motion FAILED by the following vote: Ayes: 2 - Lee, Renne Noes: 2 - Chiu, Kopp Commissioner Chiu, seconded by Commissioner Renne, moved that the Ordinance be AMENDED by adding a new Section 4(b) stating ‘(b) Operative Dates. (1) This ordinance’s amendments to Sections 1.104, 1.163.5, 168, 1.170, and 3.203 of the Campaign and Governmental Conduct Code, and additions of Sections 3.207 and 3.231 of the Campaign and Governmental Conduct Code, shall become operative on the effective date of this ordinance. (2) This ordinance’s amendments to Sections 1.114, 1.126, 1.135, 1.161, 1.162, 3.600, 3.610, 3.620 of the Campaign and Governmental Conduct Code, and additions of Sections 1.114.5, 1.124, 1.125, 1.158, 3.209, 3.630, 3.640, 3.650 of the Campaign and Governmental Conduct Code, shall become operative on January 1, 2019.’ The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED by deleting the entire Section 1.158 regarding ‘Major Donors - Financial Disclosures.’ The motion FAILED by the following vote: Ayes: 2 - Chiu, Lee Noes: 2 - Kopp, Renne Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 1.114.5(b)(1) adding ‘at the behest of a City elective officer’ after ‘single calendar year’, and striking ‘at the behest of a City elective officer’ after ‘independent expenditures’. The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne Commissioner Kopp moved to rescind the previous vote that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion died due to lack of a second. Commissioner Lee, seconded by Commissioner Chiu, moved that the Ordinance be APPROVED AS AMENDED. The motion FAILED by the following, which required a 4/5 vote: Ayes: 3 - Chiu, Lee, Renne Noes: 1 - Kopp City and County of San Francisco Page 206 Printed at 1:04 pm on 5/3/18 ### [Page 20](https://sfbos.info/documents/500/2018-04-03-minutes#page-20) Board of Supervisors Meeting Minutes 4/3/2018 Commissioner Chiu, seconded by Commissioner Renne, moved to rescind the previous vote that the Ordinance be APPROVED AS AMENDED. The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne President Breed recessed the meeting at 8:12 p.m. and reconvened at 8:23 p.m. Commissioner Chiu, seconded by Commissioner Lee, moved to rescind the earlier vote that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne Commissioner Kopp, seconded by Commissioner Lee, moved that the question to amend the Ordinance be DIVIDED to consider separately the amendments in Sections 3.203 and 3.207(a)(3). The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne Commissioner Chiu moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’. The motion died due to lack of a second. Commissioner Chiu, seconded by Commissioner Kopp, moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’. The motion carried by the following vote: Ayes: 3 - Chiu, Lee, Renne Noes: 1 - Kopp Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be APPROVED AS AMENDED. The motion carried by the following vote: Ayes: 4 - Chiu, Lee, Kopp, Renne The Ethics Commission forwarded the Ordinance, as amended, to the Board of Supervisors for consideration. During deliberations, the Board of Supervisors accepted all amendments forwarded by the Ethics Commission and incorporated them into File No. 180280. Additional amendments were also accepted by the Board of Supervisors, which they re-referred back to the Ethics Commission for consideration. Commissioner Chiu, seconded by Commissioner Kopp, moved that the Ordinance be CONTINUED TO THE CALL OF THE CHAIR AS AMENDED. The motion carried by the following vote: Ayes: 4 - Chiu, Kopp, Renne Noes: 1 - Lee ETHICS COMMISSION RECESSED and reconvened later in Committee Room 263, in order to take their second public comment. City and County of San Francisco Page 207 Printed at 1:04 pm on 5/3/18 ### [Page 21](https://sfbos.info/documents/500/2018-04-03-minutes#page-21) Board of Supervisors Meeting Minutes 4/3/2018 President Breed closed public comment, adjourned as the Committee of the Whole in a joint meeting with the San Francisco Ethics Commission, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report Called from the Budget and Finance Committee 180001 [Campaign and Governmental Conduct Code - Campaign Finance and Conflict of Interest] Ordinance amending the Campaign and Governmental Conduct Code to 1) prohibit earmarking of contributions and false identification of contributors; 2) modify contributor card requirements; 3) require disclosure of contributions solicited by City elective officers for ballot measure and independent expenditure committees; 4) require additional disclosures for campaign contributions from business entities to political committees; 5) require disclosure of bundled campaign contributions; 6) extend the prohibition on campaign contributions to candidates for City elective offices and City elective officers who must approve certain City contracts; 7) require committees to file a third pre-election statement prior to an election; 8) remove the prohibition against distribution of campaign advertisements containing false endorsements; 9) allow members of the public to receive a portion of penalties collected in certain enforcement actions; 10) permit the Ethics Commission to recommend contract debarment as a penalty for campaign finance violations; 11) create new conflict of interest and political activity rules for elected officials and members of boards and commissions; 12) specify recusal procedures for members of boards and commissions; and 13) establish local behested payment reporting requirements for donors and City officers. (Ethics Commission) (Pursuant to Campaign and Governmental Conduct Code, Section 3.204, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 208 Printed at 1:04 pm on 5/3/18